Recent Articles in Volume 87, Issue 4 (2022)
Personal Jurisdiction on the Move
By Kirsten M. Castañeda – In Ford Motor Co. v. Montana Eighth Judicial District Court, the U.S. Supreme Court clarified the standards for establishing specific personal jurisdiction over a nonresident defendant in federal court. The Court rejected previous interpretations of specific jurisdiction that required a causal connection between the defendant’s forum contacts and the plaintiff’s alleged facts. This reorientation has had a ripple effect on specific personal jurisdiction inquiries in federal and state courts across the nation, including courts in the Fifth Circuit and Texas. This Article passes through the basics of general jurisdiction en route to a more leisurely exploration of the clarified specific jurisdiction standards and the ways in which it already has been applied in various federal and state courts. In addition, this Article swings by the Texas Supreme Court’s latest opinion on jurisdictional discovery. Buckle up for this scenic tour of personal jurisdiction, on the move.
Customary International Law as a Vessel for Global Accord: The Case of Customary Rules-of- the-Road for Governing the Orbital Highways of Earth
By Hjalte Osborn Frandsen – In a time where the international community seems unable or unwilling to commit to binding instruments to solve global-governance issues, ranging from climate to cybercrime, increased reliance on customary norms presents a path forward. Using the case of space traffic, this author investigates if and how customary international law can emerge to govern complex transnational issues. The traditional approach to international custom is augmented with perspectives from the broader field of social science to accord for the influence of private actors and technological development on the formation of customary law. [...]